GAHC010267862025

2025:GAU-AS:17028-DB

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : PIL/64/2025

NAZRUL ISLAM CHOUDHURY AND ANR

SON OF LATE IRFAN ALI CHOUDHURY, A RESIDENT OF KALINAGAR, P.S-

PANCHGRAM, DISTRICT- HAILAKANDI, ASSAM, PIN- 788801

2: SULOLIT CH DAS

S/O- LT- AHLLED CH. DAS A RESIDENT OF KALINAGAR PART-VI P.O-

NORTH NARAYANPUR

P.S- PANCHGRAM, DISTRICT-HAILAKANDI, ASSAM, PIN- 78880

VERSUS

THE UNION OF INDIA AND 2 ORS

TO BE REPRESENTED BY CABINET SECRETARY TO THE GOVERNMENT

OF INDIA, NEW DELHI-110001.

2:THE STATE OF ASSAM

TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE

GOVT OF ASSAM, PWD ROADS DISPUR, GAUHATI-781006

3:CHIEF ENGINEER PWD ROADS

CHANDMARI, GAUHATI- 78100

For the appellant/petitioner(s) : Ms. L. Wajeeda, Advocate

For the Respondent(s) : Mr. J. Sarmah, Advocate

Mr. M. Das, Advocate

B E F O R E –

–

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

10.12.2025

(Ashutosh Kumar, CJ)

We have heard Ms. L. Wajeeda, learned Advocate for the

petitioners and Mr. J. Sarmah, Mr. M. Das, learned counsel for the respondents.

This Public Interest Litigation has been filed expressing grievance against the proposed alignment of a road from Salchapara to Katakhal (Kalinagar) in Hailakandi District under the Bharatmala Pariyojana Phase-I Road Project, a National initiative to upgrade and construct the highways for better connectivity.

Ms. Wajeeda submits that the decision to straighten and upgrade the old, abandoned PWD Road from Salchapara to Katakhal (passing through Kalinagar) along with the banks of Barak and Katakhal rivers in Hailakandi district is not a correct decision for the reason that this stretch of land in the Barak Valley is the most troubled part of the area as this part of the road is located near the confluence of the two erosion-prone rivers, threatening the infrastructure in a huge way.

The contention of the petitioner is that, in fact, instead of the proposed alignment, road should have been aligned with the bypass road, which is further west of the already selected stretch of road, which would avoid the vulnerability of the road against the floods of the rivers.

It has also been contended that the bypass road, which has recently been built, is in a good condition and if that bypass road is chosen, the travelling distance connecting the villages such as Algapur, Mohanpur, Uttar Narayanpur and Hailakandi would also be shortened effectively. Moreover, a flyover has already been constructed on the bypass road over the railway line. Thus, the contention of the petitioners is that the above road under the Bharatmala Project could have been easily aligned or widened along with the safer bypass road thereby eliminating the risk of erosion or disruption and also without incurring any additional cost.

After having heard the learned counsel for the parties, we are of the considered view that this is not a matter requiring interference by this Court in public interest. The Government in its department of Road Construction/Bridge Construction is the best judge to choose the area for carrying out the project under Bharatmala Pariyojana Road Project for increasing connectivity. There is no averment regarding the already selected road having no connectivity to the villages in question. It is the obligation of the State to make roads which shall endure the vagaries of nature. In such matters, the choice of the State with respect to the area or part of the road to be aligned, which, in turn, is based on the opinion of the experts, would have to be given deference. The opinion of the residents of a particular area cannot guide the decision making process of the Government with respect to selection of a road for alignment, or selection of an area for road/bridge construction for better connectivity.

Finding no merits in the petition, we dismiss it, but without any order as to costs.

JUDGE CHIEF JUSTICE Comparing Assistant